38 Ind. App. 483 | Ind. Ct. App. | 1906
In the next section (§2309 Burns 1905) it is provided: “If any resident in any township of this State shall make complaint to any road supervisor in the township in which such resident may live that any owner or occupant of land (as described in §627 of this act), in said road supervisor’s district, is allowing Canada thistle to grow (as defined in §627 of this act), it shall be the duty of said road supervisor to notify said owner or occupant of said land to within five days cut the said thistles off below the surface of the ground. Any owner or occupant of land, after having been notified as aforesaid, who shall fail to perform the duties required of him by the preceding section and by §627a of this act, shall be guilty of the offense described in §627 of this act and liable to the penalties provided therefor.”
It is contended on behalf of the appellee that before a person can be liable to the punishment prescribed he must first have had the five days’ notice from the road supervisor, as provided in §2309, supra, and must have failed to comply with such notice. We cannot accept such a construction of the statute. In the portion of §2308, supra, quoted above, different offenses are described, for each of which the same punishment is provided: (1) When any person shall know
Judgment reversed, with an instruction to overrule the appellee’s motion to quash.